Съдебната практика като източник на право
Judicial Practice as a Source of Law

Author(s): Kino Lazarov
Subject(s): Law, Constitution, Jurisprudence, Court case, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: source of law; judicial practice; legal system; court; legal norm; precedent
Summary/Abstract: Judicial practice is a source of law in every legal system, whether it is acknowledged or denied. Laws, and even their complementary regulations, can never anticipate everything, can never grasp life in its fullness and dynamic diversity. On the other hand, the court cannot refuse to decide a case on the pretext that there is no legal norm on the basis of which a legal dispute can be decided. Thus, the court must make its decision. If there is a similar case, it will use the analogia and thus fill the resulting gap. However, there are also cases when there is no such legal norm. Then the court must inevitably create the missing rule, i.e. to establish a precedent which, if adopted by the other courts, will become the beginning and constituent part of a permanent, consolidated, lasting judicial practice - a real source of law.

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